Reasonableness: a good local custom must be reasonable to the persons affected by it. This is because law is founded on the principle of justice. Conformity with statute law: The custom must be consistent with written law. This is because Read More …
Day: October 9, 2020
Advantages and disadvantages of judicial precedent
Advantages: Certainty and Predictability: InDodhia V. National and Grindlays Bank the Court of Appeal was emphatic that “a system of law requires a considerable degree of certainty.” Case law makes a legal system certain and predictable. Consistency and uniformity: case Read More …
Term source of law and the main sources of law
The phrase “Sources of Law” literally means where rules of law are found. However, the phrase has been used to describe: The origins of the rules and principles which constitute the law applicable in a country at a given time. Read More …
Duties of a principal towards the agent
Obligations of the Principal to the agent include: Remuneration: the principal is obliged to remunerate the agent for services rendered. This obligations may be express or implied. The agent must earn his remuneration by rendering services but it is immaterial Read More …
Distinction between a special agent from a general agent.
General agent: This is an agent who has authority to do a particular act or engage in a transaction in the ordinary course of his business trade, profession or occupation as an agent. His authority is based on the contract. Read More …
General defences available to the occupier against liability to a trespasser
An occupier owes a trespasser no common duty of care. A trespasser injured in a persons premises has no actionable claim against the occupier. This question appear to be founded on the assumption that a trespasser has the same remedies Read More …
With reference to the Occupiers Liability Act, provisions in relation to liability of a person visiting a premises.
A visitor is a person who has express or implied permission to enter upon and/or remain within certain premises. An occupier owes all his visitors a common duty of care concerning dangers arising from the state of the premises, thing Read More …
Definition of an occupier with reference to the Occupiers Liability Act
An occupier is any person who has overall control of any premises whether he is physically available at such premises or not.
Definition of mutual will and the requirements which must be met to make its doctrine operate
A mutual will is an arrangement between two people usually a husband and wife to execute mutual wills making provision for each other with the remainder to a third party usually a child. There must be an agreement to the Read More …
Administrator pendente lite in relation of the law of succession
Administrator Pendente Lite This is an administrator appointed by the court to safeguard the testators estate while legal proceedings concerning the validity of the will are pending in court.